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exempt employees punching the clock Illinois

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  • exempt employees punching the clock Illinois

    Can anyone shed some light - are there any laws being violated if an employer requires exempt employees to punch the clock?

  • #2
    Nope, no laws violated at all.

    But, the exempt employees cannot be docked for time missed, with the exception of a few circumstances.

    Employers do this sometimes for billing purposes, sometimes for performance purposes.

    Legal.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      Thanks!

      Scott - thanks for the quick response. So while it may discourage employees from putting in more than 40, it's legal to require exempt professionals to punch the clock.

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      • #4
        Yes. It is legal to require exempt professionals to punch the clock.

        There can be a number of valid reasons for this. Client billing purposes; keeping track of hours worked for benefits that have an hours-based eligibility (FMLA and 401k plans are the most common); even safety; I know of companies that began requiring this after 9-11 so that in case of fire or other emergency they would know instantly who was and was not in the building.

        Unless the time shown on the card results in the employee not receiving their full salary (except in very rare, rigidly controlled circumstances) this is completely, totally and 100% legal.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          Originally posted by J-in-Chitown View Post
          So while it may discourage employees from putting in more than 40...
          I don't understand why it would have THAT effect. I would think it would discourage folks from taking partial days off, though.
          Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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          • #6
            Originally posted by ScottB View Post
            I don't understand why it would have THAT effect. I would think it would discourage folks from taking partial days off, though.
            I know there are employees that feel, well, if you're gonna require me to clock in and out and treat me like an hourly employee, I'll just put in my 40 hours and go home. I'm not saying I agree, but I'm saying that there are lots of folks like that out there.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Yes, evidently they're too good to have to punch a clock. It's beneath them.

              Or so they think.
              The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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